Case Note & Summary
The appellant-husband and respondent-wife were married on 07.05.1998 and had a daughter. Due to strained relations, they lived separately. The husband filed a suit for dissolution of marriage, which was dismissed by the Family Court, Mumbai (later transferred to Etawah District Court) on 09.11.2009. The District Court dismissed his appeal on 29.11.2012, and the Allahabad High Court dismissed his second appeal on 29.05.2013. The husband appealed to the Supreme Court. During the pendency of the appeal, the parties were referred to mediation and reached an amicable settlement. The husband agreed to pay Rs.10,00,000 to the wife as full and final settlement of all claims, and to create an FDR of Rs.3,00,000 for their daughter within three months, with an additional Rs.1,00,000 at her marriage. The parties also agreed to withdraw all pending cases. The Supreme Court, exercising its power under Article 142 of the Constitution, dissolved the marriage by mutual consent and directed that the terms of compromise form part of the judgment. The Court further stated that non-compliance would render the parties liable for contempt of court.
Headnote
A) Family Law - Dissolution of Marriage - Article 142 of the Constitution of India - Mutual Consent - The parties, married on 07.05.1998, had been living separately due to strained relations. The husband's suit for divorce was dismissed by the Trial Court, District Court, and High Court. During the pendency of the appeal before the Supreme Court, the parties settled amicably through mediation. The Supreme Court, in exercise of its power under Article 142, dissolved the marriage on the agreed terms, including payment of Rs.10,00,000 to the wife and Rs.3,00,000 FDR for the daughter, with an additional Rs.1,00,000 at her marriage. Held that the marriage is dissolved and the terms of compromise form part of the judgment (Paras 5-6).
Issue of Consideration
Whether the marriage between the appellant and respondent should be dissolved by mutual consent under Article 142 of the Constitution of India in light of the settlement reached between the parties.
Final Decision
The Supreme Court, in exercise of its power under Article 142 of the Constitution, dissolved the marriage of the appellant and respondent solemnized on 07.05.1998. The terms of compromise, including payment of Rs.10,00,000 to the wife and Rs.3,00,000 FDR for the daughter with an additional Rs.1,00,000 at her marriage, form part of the judgment. The appeal is disposed of in the above terms. Non-compliance will render the parties liable for contempt of court.
Law Points
- Article 142 of the Constitution of India
- dissolution of marriage by mutual consent
- settlement of matrimonial disputes
- contempt of court for non-compliance
